27-23-129. Medical certification required — Downgrade of license for noncompliance — Denial or disqualification of license for fraud.

27-23-129. Medical certification required — Downgrade of license for noncompliance — Denial or disqualification of license for fraud. (a)(1) An applicant for a commercial driver license or a commercial learner's permit that certifies as nonexcepted interstate or nonexcepted intrastate shall provide to the Office of Driver Services an original or a copy of a medical examiner's certificate prepared by a medical examiner, as required by 49 C.F.R. part 391, subpart E, as in effect on January 1, 2013. (2) Upon approval of the application, the office shall post a certification status of “certified” on the commercial driver license record for the driver applicant or driver. (b) Before issuing a commercial driver license to a person who certifies as nonexcepted interstate or nonexcepted intrastate and has a valid commercial driver license from another state, the office shall: (1) Verify from the commercial driver license record that the medical certification status of the driver is “certified”; or (2)(A) Obtain from the driver an original or a copy of a current medical examiner's certificate prepared by a medical examiner, as required by 49 C.F.R. part 391, subpart E, as in effect on January 1, 2013. (B) Upon approval of the transfer, the office shall post a certification status of “certified” on the commercial driver license record for the driver. (c)(1) Between January 30, 2012, and January 30, 2014, inclusive, a holder of a commercial driver license shall certify to the office that the driver is one of the following types of drivers: (A) Nonexcepted interstate; (B) Excepted interstate; (C) Nonexcepted intrastate; or (D) Excepted intrastate. (2) The office shall post to the commercial driver license record the driver's certification. (3) Between January 30, 2012, and January 30, 2014, inclusive, a holder of a commercial driver license that certifies as nonexcepted interstate or nonexcepted intrastate shall provide the office with an original or a copy of a current medical examiner's certificate prepared by a medical examiner, as required by 49 C.F.R. part 391, subpart E, as in effect on January 1, 2013, and the office shall post a certification status of “certified” on the commercial driver license record for the driver. (d)(1) To maintain a medical certification status of “certified”, a commercial driver license holder or a commercial learner's permit holder shall provide the office with an unexpired original or a copy of each subsequently issued medical examiner's certificate. (2) If a driver's medical certification or medical variance expires or if the Federal Motor Carrier Safety Administration notifies the office that a medical variance was removed or rescinded, the office shall: (A) Post a certification status of “not certified” in the commercial driver license or commercial learner's permit record for the driver; (B) Downgrade the commercial driver license or commercial learner's permit of the driver effective in sixty (60) days; and (C) Notify the driver in writing that: (i) The driver has a “not certified” medical-certification status; and (ii) The commercial driver license or commercial learner's permit privilege will be downgraded unless the driver submits a current medical certificate or medical variance. (3) Beginning January 30, 2014, if a holder of a commercial driver license fails to provide the office with the certification required under subsection (c) of this section, the office shall: (A) Post a certification status of “not certified” in the commercial driver license record for the driver; (B) Downgrade the commercial driver license or commercial learner's permit of the driver effective in sixty (60) days; and (C) Notify the driver in writing that: (i) The driver has a “not certified” medical certification status; and (ii) The commercial driver license privilege will be downgraded unless the driver submits: (a) The certification required by subsection (c) of this section; and (b) A current medical certificate or medical variance, if applicable. (4) Beginning January 30, 2014, if a holder of a commercial driver license or a commercial learner's permit that certifies as nonexcepted interstate or nonexcepted intrastate fails to provide the office with a current medical examiner's certificate, the office shall: (A) Post a certification status of “not certified” in the commercial driver license record for the driver; (B) Downgrade the commercial driver license or commercial learner's permit of the driver effective in sixty (60) days; and (C) Notify the driver in writing that: (i) The driver has a “not certified” medical certification status; and (ii) The commercial driver license or commercial learner's permit privilege will be downgraded unless the driver submits a current medical certificate or medical variance. (e) For each current medical examiner certificate received from a driver, the office shall: (1) Date-stamp the medical examiner's certificate; (2) Retain the original or a copy of the medical certificate of a driver for three (3) years beyond the date the certificate was issued; and (3) Post the information from the medical examiner's certificate within ten (10) calendar days to the commercial driver license record, including: (A) The medical examiner's name; (B) The medical examiner's telephone number; (C) The date of the medical examiner's certificate issuance; (D) The medical examiner's license number and the state of issuance; (E) The medical examiner's National Registry identification number if required by the National Registry of Medical Examiners, mandated by § 49 U.S.C. § 31149(d), as in effect on January 1, 2013; (F) An indicator of medical certification status, that is, “certified” or “not certified”; (G) The expiration date of the medical examiner's certificate; (H) The existence of any medical variance on the medical certificate, including without limitation an exemption, skill performance evaluation certification, or grandfather provision; (I) Any restrictions, including without limitation corrective lenses, a hearing aid, or a requirement to have possession of an exemption letter or skill performance evaluation certificate while on duty; and (J) The date the medical examiner's certificate information was posted to the commercial driver license record. (f) The office, within ten (10) calendar days of a driver's medical certification status expiring or a driver's medical variance expiring or being rescinded, shall update the medical certification status of the driver as “not certified”. (g) The office, within ten (10) calendar days of receiving information from the administration regarding issuance or renewal of a medical variance for a driver, shall update the commercial driver license record to include the medical variance information provided by the administration. (h)(1) If the office determines in its check of an applicant's license status and record before issuing a commercial driver license or commercial learner's permit that the applicant falsified information or a document required by this section, under 49 C.F.R. § 383.71(b) or § 383.71(g), as in effect on January 1, 2013, or by 49 C.F.R. §§ 383.151 — 383.155, as in effect on January 1, 2013, the office shall: (A) Deny the person's pending application for a commercial driver license or commercial learner's permit; and (B) Refuse to grant an application for a commercial driver license or commercial learner's permit for a period of one (1) year. (2) If the office determines at any time after a commercial driver license or commercial learner's permit is issued that the driver falsified information or a document required by this section, by 49 C.F.R. § 383.71(b) or § 383.71(g), as in effect on January 1, 2013, or by 49 C.F.R. §§ 383.151 — 383.155, as in effect on January 1, 2013, the office shall disqualify the driver's commercial driver license or commercial learner's permit for a period of one (1) year.